The Domestic Violence Act — formally the Protection of Women from Domestic Violence Act, 2005 (PWDVA) — is the primary civil law that protects women in India from physical, emotional, verbal, sexual, and economic abuse within a household. Passed by Parliament in 2005 and enforced from 26 October 2006, it gives an “aggrieved woman” the right to seek protection orders, residence rights, monetary relief, and custody of children through a simple application to a Magistrate, without having to first prove a criminal offence. The full text of the Act is available on Indian Kanoon.
Many people confuse this civil remedy with the criminal cruelty provisions under the new Bharatiya Nyaya Sanhita, 2023 (BNS) — the law that replaced the Indian Penal Code’s Section 498A. This guide explains what the Domestic Violence Act actually covers, who can use it, how the complaint process works, and how it differs from filing a criminal case.
What Is the Protection of Women from Domestic Violence Act, 2005?
The PWDVA 2005 was India’s first law to give a broad, statutory definition of “domestic violence.” Under Section 3 of the Act, domestic violence includes any act, omission, or conduct that:
- Harms or injures the health, safety, life, or well-being of the aggrieved person (physical abuse)
- Insults, ridicules, humiliates, or demeans the woman (verbal and emotional abuse)
- Forces or coerces sexual conduct (sexual abuse)
- Deprives the woman of financial resources she is entitled to, or disposes of her assets (economic abuse)
- Harasses her or her relatives to force dowry or other unlawful demands
Crucially, the Act is a civil law, not a criminal statute. Its focus is protection and relief for the woman, not punishing the abuser with imprisonment — though breach of a protection order granted under the Act is itself a punishable offence.
Who Can File a Complaint Under the Domestic Violence Act?
The Act protects any woman who is, or has been, in a “domestic relationship” with the respondent. This is interpreted broadly and covers:
- Wives (including in a void or voidable marriage)
- Women in live-in relationships (“relationships in the nature of marriage”)
- Mothers, sisters, widows, and other female relatives living in a shared household
- Daughters, including adult daughters facing abuse from parents or brothers
The Act does not apply to disputes between two men, or to women harassing other women outside a domestic relationship. A minor child of the aggrieved woman can also claim relief, typically through an application filed by the mother.
Domestic Violence Act India: Complaint and Filing Process
One of the most common searches is how to actually file a domestic violence complaint in India. The process is designed to be accessible without a lawyer, though legal assistance is strongly recommended:
- Approach a Protection Officer: Every district has a government-appointed Protection Officer under the Act. You can also approach a registered service provider (NGO) or the police.
- File a Domestic Incident Report (DIR): The Protection Officer records the complaint in a prescribed format and forwards it to the Magistrate along with any application for relief.
- Application to the Magistrate: The aggrieved woman (or the Protection Officer on her behalf) files an application before the Judicial Magistrate First Class or Metropolitan Magistrate having jurisdiction over the area where she resides.
- Hearing and interim orders: The Magistrate is expected to fix the first hearing within three days of the application and dispose of it within 60 days. Interim ex-parte protection orders can be granted quickly where there is an immediate threat.
- Final order: After hearing both sides, the Magistrate can pass one or more reliefs under the Act.
What Reliefs Can a Woman Get Under the Domestic Violence Act?
The Act empowers Magistrates to grant several kinds of relief, often together:
- Protection orders (Section 18): Restraining the respondent from committing further violence, contacting the woman, or aiding anyone else in doing so.
- Residence orders (Section 19): The right to continue living in the shared household, even if the woman’s name is not on the property title, and in some cases removing the respondent from the house.
- Monetary relief (Section 20): Compensation for medical expenses, loss of earnings, and maintenance for the woman and her children.
- Custody orders (Section 21): Temporary custody of children to the aggrieved woman.
- Compensation orders (Section 22): Additional compensation for injuries, including mental torture and emotional distress.
Domestic Violence Act vs. Criminal Cruelty Cases (BNS Section 85)
A frequent point of confusion is how the civil PWDVA relates to criminal cruelty proceedings. Since July 2024, the offence of cruelty by a husband or his relatives — earlier IPC Section 498A — is now governed by Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the code that replaced the IPC (see PRS Legislative Research’s analysis of the BNS), with the definition of cruelty carried over largely unchanged. A woman facing domestic abuse can pursue both remedies simultaneously: a civil application under the PWDVA for protection, residence, and monetary relief, and a separate criminal complaint or FIR under BNS Section 85 if the conduct amounts to cruelty as defined in law. The two proceedings are independent and one does not bar the other.
Where the abuse also involves physical assault, the general hurt and assault provisions of the BNS may apply as well. Anyone considering the criminal route should also understand related concepts such as which offences are bailable — our guide on bailable and non-bailable offences in India explains how this affects an accused person’s arrest and release.
Does the Domestic Violence Act Cover Live-in Partners?
Yes. Courts, including the Supreme Court, have held that the Act extends to women in “relationships in the nature of marriage,” which covers many long-term live-in relationships, provided certain conditions such as cohabitation and holding out as partners are met. For a fuller picture of how Indian law treats such relationships, see our guide on live-in relationship law in India.
Domestic Violence Act and Maintenance
Monetary relief under Section 20 of the PWDVA is separate from — and can be claimed in addition to — maintenance under other laws. A woman may simultaneously be entitled to maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (see PRS Legislative Research’s analysis of the BNSS), which replaced the familiar Section 125 CrPC provision. Our detailed explainer on maintenance under Section 125 CrPC (now Section 144 BNSS) covers who can claim it and how amounts are calculated. Courts typically adjust the total amount payable to avoid double recovery for the same period, but the two remedies are legally distinct and can both be invoked.
Frequently Asked Questions
Is the Domestic Violence Act a criminal law?
No. The PWDVA, 2005 is primarily a civil law aimed at providing protection, residence, monetary relief, and custody orders. However, violating a protection order passed under the Act is a criminal offence punishable with imprisonment and/or fine.
Can a woman file a domestic violence complaint against her in-laws?
Yes. The Act allows a complaint against any “respondent” — an adult male person in a domestic relationship with the aggrieved woman, and in certain circumstances female relatives of the husband or male partner can also be made parties to the proceedings.
How long does it take to get relief under the Domestic Violence Act?
The law directs Magistrates to hold the first hearing within three days of filing and to dispose of the application within 60 days, though actual timelines vary depending on the court’s workload. Interim protection orders can often be obtained faster where there is urgent risk.
Can a married woman claim residence in her matrimonial home under this Act?
Yes. A residence order under Section 19 can protect a woman’s right to live in the shared household regardless of whether she has any ownership or tenancy rights in the property.
Is there a fee to file a case under the Domestic Violence Act?
Applications under the PWDVA are generally filed free of court fees, and Protection Officers and registered service providers are required to assist the woman without charge.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and procedures can change, and their application depends on the specific facts of each case. Please consult a qualified advocate for advice on your specific situation.
